Tellagami Labs Inc.  (“us”, “we” or “Tellagami”) offers multi-user online content creation and sharing service, from social networking services (“SNSs”), the Internet generally and our software applications. Tellagami’s services include our software applications for mobile devices (including any updates, new versions or new releases thereof) (each an “Application”), our website available from the domain of https://Tellagami.com (the “Site”) and any other services offered by Tellagami in connection with our Applications or the Site (the foregoing is, collectively, the “Service”). The Service does not include any portion of the SNSs or other third-party services with which you interact via the Service.

 

These Terms of Service (these “Terms”) constitute a legal agreement between you, the user (“you” or “User”), and Tellagami. Your enjoyment of the Site, Applications and Service is important to us.

 

Please read these Terms carefully. They contain the legal terms and conditions provided to you by the Site and are a binding agreement, just as if you had signed the agreement. Any Application that you download is licensed to you under the license terms applicable to the site from which such Application was downloaded. However, your use of any Service available from the Site, including those accessed through an Application, is subject to these Terms.

 

By registering for an Account and accepting these Terms, by accessing the Site or Service, by using an Application or posting or accessing any content on the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then do not register for an Account and do not use the Site or any Service, including any Application.  

 

1. ELIGIBILITY; ACCOUNT REGISTRATION AND REQUIREMENTS

a. Eligibility.  The Site and Service are not available to persons under the age of 13 or to any person suspended or removed from the Site by us.  If you are under the age of majority in your jurisdiction (meaning that you do not have the ability to enter into enforceable agreements in your state or country), you also must have the permission of your parent or guardian to use register on the Site or to use an Application.

b. Registration.  To create an account on the Site or through our Applications (an “Account”) you must complete the Site’s registration process, if available, which involves submitting certain requested information to Tellagami, including but not limited to your name and correct email address. You agree to provide accurate and complete answers to questions in the registration form. After registering, you also undertake to update your Account information to keep it current.

c. User Account and Account Data.  You agree that even though you may retain certain copyright or other intellectual property rights with respect to content you create while using the Service, you do not own the Account you use to access the Service, nor do you own any data we store on Tellagami’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Tellagami.

d. Inadvertent Collection of Information From Children Under 13.  While we will not knowingly accept any interactions from anyone under the age of 13, if a parent or legal guardian discovers that their child under the age of 13 has provided us with personally identifiable information please notify us via feedback@tellagami.com and we will remove the information as soon as is practical.

2. USER CONDUCT AND SITE USE.

a. Rules of Conduct. You agree to abide by the following rules of conduct. Regardless of any other rights Tellagami might have, Tellagami may terminate the Account of any User who it believes, in its sole discretion, is violating or has violated these rules of conduct.

(i) Content Limits. By posting information on or otherwise using the Service or the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any Content that:

A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Tellagami’s rules or policies;

B. Promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs or abuse other substances;

C. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

D. Infringes or misappropriates any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or otherwise promotes or constitutes illegal activity;

E. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

F. Contains any software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

G. Impersonates any person or entity, including any employee or representative of Tellagami.

(ii) Use Limits.  You also agree that you will not:

A. Create user accounts by automated means or under false pretenses or mislead others as to your identity or the origin of your communications;
B. Trick, defraud, deceive or mislead Tellagami or other users, including any attempt to learn sensitive information;
C. Make improper use of the Service or submit false reports of abuse or misconduct;
D. Harvest or collect information about the users of the Service or the Site or use such information for any unauthorized purpose, including transmitting or facilitating the transmission of unsolicited bulk electronic e-mail or communications;
E. Knowingly solicit or collect personal information from a child under 13 years of age;
F. Disparage, tarnish, or otherwise harm, in Tellagami’s opinion, Tellagami, the Site and/or the Service, including its public image;
G. Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Site or Service without its owner’s consent;
H. Except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
I. Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Tellagami (and only pursuant to those terms and conditions);
J. Disguise the source of materials or other information you submit to the Service or use tools which anonymize your internet protocol address to access the Service;
K. Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Site or content;
L. Use the Service in any manner that could damage, disable, overburden, or impair the Service or another user's use of the Service;
M. Probe, scan, or test the vulnerability of any system (including the Site) or network or breach or circumvent any security or authentication measures through the misuse of the Site or the Service;
N. Sell access to the Service or any part thereof; or
O. Interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

b. Responsibility for Passwords.  You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password and Account. You agree to (a) immediately notify Tellagami of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

c. Active Participation; Storage and Bandwidth Limits.  Tellagami reserves the right to cancel Accounts not used at least once every 180 days, limit the amount of Content allowed to be uploaded to the Service or limit the maximum bandwidth that may be used by a particular user each day. We may change these limits at our sole discretion upon providing you with notice and if they are consistently exceeded, we may refuse to accept and/or remove any Content, or we may suspend certain functions of the Service for your Account.

3. CONTENT AND PROPRIETARY RIGHTS

a. No Transfer of Ownership.  The intellectual property or related intellectual property rights (including without limitation patent, copyright, trade secret, design, trade mark, software and database rights) in Applications and material, information and computer files on the Site are owned by, or are otherwise licensed to, Tellagami. Nothing in these terms and conditions transfers to User any rights of ownership of such intellectual property or related intellectual property rights or constitutes a license to use such items other than to the extent expressly set out in these Terms.

b. Use of Materials.  You may use the materials existing or generated on the Site, including without limitation your movies (collectively, the “Materials”), for personal, family or household purposes and not for commercial purposes.  For clarity, Materials do not include your Content (defined below), even if your Content is combined with other Materials.  You may download, install and execute the Materials where expressly indicated. You may not otherwise modify, distribute or reproduce the Materials in any manner and for any other use without the prior written consent of Tellagami.  If you download, use, copy, modify, or distribute the Materials in violation of these Terms or otherwise without authorization, you will have breached intellectual property laws and rights and may be subject to legal action.  You may not remove or obscure any product identification, trademarks, copyright notices or other notices from the Materials or any copies you may have made. Tellagami reserves all rights in the Materials not expressly granted.

c. Use of Videos for Personal Purposes.  You may download the videos you create on the Site or through Applications and make them available to others for personal, family or household purposes and not for commercial purposes.

d. Responsibility for Content.  Users may post, upload, publish, transmit or share on the Site photos, profiles (including name, image, and likeness), messages, notes, text, information, music, videos, advertisements, listings, and other content (collectively, “Content”). You, and not Tellagami, are solely responsible for your Content.  For clarity, your “Content” does not include any Materials with which your Content may be combined.  You understand and agree that Tellagami may, but is not obligated to, review the Site and may delete or remove Content in its sole discretion, for any reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to Tellagami.

e. License to Use Your Content.  When you post Content to the Site, you authorize Tellagami to make copies to facilitate the posting and storage of such Content on the Site. For clarity, Tellagami does not assert any ownership over your Content; you retain full ownership of all of your Content and any intellectual property rights therein.  However, by posting Content to any part of the Site, you automatically grant to Tellagami a non-exclusive, transferable, fully-paid royalty-free, worldwide license (with the right to sublicense) to: use, copy, modify, publicly perform, publicly display, reformat, translate, excerpt and distribute such Content for any purpose. You also grant each user of the Site and Applications a non-exclusive license to access your Content through the Site and Applications, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and Applications and under these Terms.

f. Representations as to Rights in Content.  In connection with your Content, you further agree that you will not (i) submit or post Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit and post the Content and to grant Tellagami and other users all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Tellagami or any third party; or (iii) submit Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

g. Tellagami Has No Responsibility for Content Accuracy.  Tellagami does not endorse any Content or any opinion, recommendation, or advice expressed therein. In no event shall you represent or suggest, directly or indirectly, Tellagami’s endorsement of Content.  Tellagami does not vouch for the accuracy or credibility of any Content on the Site, and does not take any responsibility or assume any liability for any actions you may take as a result of seeing Content on the Site. Through the use of the Site and the Service, you may be exposed to Content you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Site, you assume all associated risks.

h. Your Removal of Content.  You may remove your Content from the Site at any time by contacting customer care at feedback@tellagami.com. If you choose to remove your Content, the license you grant to Tellagami above will terminate within a reasonable time, however you acknowledge and agree that Tellagami may retain archived copies of your Content. You acknowledge as well that even though some of your Content might be removed from the Site at any time, Tellagami has no capacity or obligation to remove from the Internet any portion of your Content which has previously been published on the Internet. You understand that Content previously published on the Internet might still be viewable through other sites or search engines for an unlimited period of time.

4. NOTICE OF INFRINGEMENT OR MISAPPROPRIATION

a. Infringement or Misappropriation.  Tellagami will not tolerate infringement or misappropriation of the intellectual property rights of others, including improper use of intellectual property in movies on the Site.  If you believe that your intellectual property rights (other than copyright rights which are addressed below) have been infringed, misappropriated or otherwise violated through the Site or any Content or Materials, then you may contact us at copyright@tellagami.com.  Tellagami will investigate.  

b. Notice and Procedure for Making Claims of Copyright Infringement.  Tellagami will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). If you believe any material available via the Site infringes a copyright, you should notify us using the procedure described at https://tellagami.com/copyright/

5. PRIVACY POLICY

Your privacy is important to us. The Tellagami Privacy Policy is hereby incorporated into these Terms by reference. Please read the policy carefully for details relating to the collection, use, and disclosure of your personal information.

6. CONTESTS AND SWEEPSTAKES

If we offer contests or sweepstakes through the Site, we will provide the rules for such contests and sweepstakes at such time. Such rules will govern the operation of the particular contest or sweepstakes in addition to the applicable portions of these Terms and the Privacy Policy.

7. THIRD PARTY WEBSITES AND CONTENT

The Site and Applications contain or may contain links to other web sites (“Third Party Sites”) as well as Content  originating from third parties (collectively, the “Third Party Content”). The Third Party Sites and Third Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Sites accessed through the Site or Applications or any Third Party Content posted on, available through or installed from the Site or Applications, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. While we may choose to monitor and take action upon inappropriate Third Party Content, it is possible that some material accessible through the Site or Applications may be inappropriate or offensive to some users, particularly children.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. Tellagami makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Sites or websites linking to the Site or Applications.  If you decide to leave the Site or Applications and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or Applications or relating to any applications you use or install.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. Disclaimer of Warranties.  You expressly understand and agree that your use of the Site and Service and any tools, materials, or software, including the Applications, accessed or viewed through the Site, is at your sole risk and that the Site and Service are provided "As Is" and “As Available.” Tellagami expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and accuracy of information. Tellagami makes no warranty that: (i) the Service or Site will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Service or Site is or will be free of viruses or other harmful components, (iii) any information obtained by you as a result of your use of the Service or Site will be accurate or reliable, or (iv) the Service or Site provided will meet your requirements. Tellagami makes no warranties of any kind with respect to Materials, Content, software, goods, services, promotions, or the delivery of any Materials, Content, software, goods or services that are purchased, accessed or obtained through the Service or Site. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Tellagami or through or from the Site or the Service shall create any warranty.  

b. Specific Exclusions.  You specifically agree that Tellagami shall not be responsible for (i) unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or using any Application; and (ii) any threatening, defamatory, obscene, offensive or illegal Content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

c. Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF TELLAGAMI OR ANY THIRD PARTIES MENTIONED ON THE SITE OR ANY APPLICATION ARE, NOR WILL THEY BE, LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF US$50 (OR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION), RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, ANY APPLICATION, ANY MATERIALS, ANY CONTENT, ANY OTHER INFORMATION IN OR AVAILABLE THROUGH THE SITE, OR ARISING OUT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELLAGAMI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIM AGAINST TELLAGAMI, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE, ANY MATERIALS, ANY CONTENT, ANY OTHER INFORMATION ON OR AVAILABLE THROUGH THE SITE OR AN APPLICATION.

d. Limits on Disclaimers.  Nothing in these Terms, including this Section 8, shall exclude or limit Tellagami’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.  Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.  Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and Tellagami’s liability will be limited to the maximum extent permitted by applicable law.

9. INDEMNITY

You agree to indemnify and hold harmless Tellagami, its directors, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms, or the Site’s Privacy Policy or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.

10. TERMINATION

a. Tellagami’s Right to Terminate.  You agree and acknowledge that Tellagami, in its sole discretion, may terminate your Account (or any part thereof) and/or your use of the Service, and remove and discard any of your Content including, but not limited to, any and all information, communications, postings, messages, files and other Content of yours within the Service or Site, at any time, without notice, for any or no reason.   

b. Your Right to Cancel Your Account. You may cancel your Account by contacting us via feedback@tellagami.com.  Upon processing of your cancellation instruction, your Account will be cancelled within a reasonable timeframe.  There will be no refund for any prepaid fees or for any portion of the Service.

c. Effect of Termination.  Upon termination of your Account, your right to use the Site and the Service, including the Applications, shall immediately cease.  Tellagami shall have no obligation to maintain any of your Content or to forward your Content to you or any third party.  You agree that Tellagami shall not be liable to you or any third-party for any termination of your Account or your access to the Site or the Service.  Sections 3.f, 5, 7, 8, 9, 10,11 and 13 of these Terms shall survive the termination of your Account.

11. BINDING ARBITRATION

a. Binding Arbitration. If a dispute arises between you and Tellagami, whether under these Terms of Service or any other agreement between you and Tellagami, then, except as provided in Section 11.c below, either you or Tellagami may elect to have it finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You understand that absent this provision, you would have the right to sue in court and have a jury trial.  The arbitration shall be commenced and conducted by a single arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules.  To the extent such costs are determined by the arbitrator to be excessive, Tellagami will pay such arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. To the extent the arbitration takes place in a particular location, it shall be in San Francisco, California.  The arbitration and all related proceedings shall be conducted in English.  The arbitrator will make a decision in writing and shall provide a statement of reasons if requested by a party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except as otherwise provided in these Terms, you and Tellagami may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

b. Restrictions. You and Tellagami agree that any arbitration shall be limited to the dispute between Tellagami and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c. Exceptions to Arbitration. You and Tellagami agree that the following disputes are not subject to the above binding arbitration provisions: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Tellagami’ intellectual property rights; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.

12. MODIFICATION OF THESE THERMS AND CHANGES IN SERVICE

a. Modification of These Terms.  We reserve the right to modify these Terms or the policies regarding the use of the Site at any time and to notify you by posting an updated version of these Terms on the Site. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.

b. Service Changes or Discontinuance.  Tellagami reserves the right to modify, interrupt or discontinue the Service with or without notice for any reason or no reason and you agree that Tellagami will not be liable for any modification, interruption or suspension of the Service or reimbursement of any fee.

13. GENERAL

a. Governing Law and Jurisdiction.  This Agreement shall be governed by and construed in accordance with the laws of the California, and the laws of United States, without giving effect to any principles of conflicts of law. Subject to the terms of Section 11, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

b. Entire Agreement.  These Terms (including the related Privacy Policy), constitute the entire agreement between you and Tellagami and govern your use of the Service and the Site, superseding any prior agreements between you and Tellagami. However, you may also be subject to additional terms and conditions that may apply when you use a specific Service, such as license terms applicable to any Application you have downloaded or accessed, as well as affiliate or third party services or content.

c. No Waiver.  The failure of Tellagami to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in effect.

d. Limit on Claims.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service, or these Terms must be filed within 1 year after such claim or cause of action arose or be forever barred.

14. COPYRIGHT AND TRADEMARK NOTICES

a. Copyright.  Other than user provided Content, all Materials of the Site or Service are: Copyright © 2012-13 Tellagami Labs Inc. and/or its suppliers.  All rights reserved.

b. Trademarks.  Tellagami is a trademark of Tellagami Labs Inc. The names of actual companies and products mentioned in the Site or on the Service may be the trademarks of their respective owners.  Tellagami’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tellagami.

 

Last modified on: July 24, 2013

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Tellagami Privacy Policy

Highlights:

• Tellagami collects personally identifiable information to operate, maintain, and enhance our site and services.

• Tellagami does not share your personally identifiable information with other organizations for their marketing or promotional uses without your consent.

• Tellagami maintains your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with legal requirements.

• Tellagami uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of user information.

• Tellagami does not knowingly collect or maintain on the site personally identifiable information from persons under 13 years of age.

• Please contact Customer Care at feedback@tellagami.com with any questions.

 

This privacy policy (this “Privacy Policy”) discloses the privacy practices of Tellagami Labs Inc. (“we”, “us” or “Tellagami”) with regard to our multi-user online content creation and sharing service available from social networking services (“SNSs”), the Internet generally and our software applications. Tellagami’s services include our software applications for mobile devices (including any updates, new versions or new releases thereof) (each an “Application”), our website available from the domain of https://Tellagami.com (the “Site”), and any other services offered by Tellagami in connection with our Applications or the Site (the foregoing is, collectively, the “Service”). The Service does not include any portion of the SNSs or other third-party services with which you interact via the Service.

 

Tellagami values the privacy of its customers, visitors, users and others who use the Site and Service, including Applications (each a “User”). This Privacy Policy is incorporated into and subject to the Terms of Service for the Site and Service located at tellagami.com/terms.  Your use of the Site and Service and any personal or other information you provide on the Site or in connection with the Service, including an Application, is subject to the terms of this Privacy Policy and the Terms.  

Acceptance of Privacy Policy:

This Privacy Policy outlines the information usage practices of Tellagami. By accessing, browsing or using the Site or a Service, including an Application, or by submitting your personal information to Tellagami, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site or any Service or submit your personal information to us.

 

What Information does Tellagami collect?

Registration and Participation:  You may have to provide 'personally identifiable' information (such as your name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information) when you register as a User and if you participate in certain activities on the Site or Service, including through Applications.  

Cookies information: When you visit our Site, whether through a Browser or using an Application, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer or device that uniquely identifies your browser or device. Tellagami uses both session cookies and persistent cookies. A session cookie disappears after you close your browser or the Application. A persistent cookie remains after you close your browser or the Application and may be used by your browser or Application on subsequent visits to the Site. Persistent cookies may be removed by following the directions in your web browser help file. You can also reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site or a Service may not function properly if the ability to accept cookies is disabled.

Web Beacons: Web beacons are electronic objects embedded in a web page to allow checking that a user has accessed the page. Tellagami uses web beacons alone or in conjunction with cookies to help us understand the behavior of visitors to the Site and to improve the Site and Service and our email communications.  

Log file information: Log file information is automatically reported by your browser each time you view a web page on your computer or mobile device. When you register with or view the Site, whether through your browser or an Application, our servers automatically record certain information that your web browser or the Application sends whenever you visit any website. This information may include information such as your web request, Internet Protocol ('IP') address, browser language, number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and times of your visits to the Site, and one or more cookies that may uniquely identify your browser or device.

Application Usage: Embedded in the Applications are programs that provide us with anonymous analytics data regarding your use of the Application.

How does Tellagami use this information?

If you submit personally identifiable information to us through the Site or in connection with a Service, Tellagami uses that information to operate, maintain, and enhance the Site and Service. We will use your email address, without requiring further consent, for administrative and internal marketing purposes such as sending you account activation, notifying you of major Tellagami updates, for customer service purposes, to address copyright infringement issues or to notify you of a new Service or campaign. We use both personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type and click stream data) for internal business purposes.

Any information or content that you voluntarily disclose online becomes publicly available and can be collected and used by others. Your display name (not your email address) may be displayed to other Users when you upload images or movies or send messages through the Site or a Service and other users may contact you through messages and comments.

Any images, profiles, movies or other content that you create or submit to the Site or in connection with use of a Service may be redistributed through the Internet and other media, and may be viewed by the general public.

Tellagami may use information collected to:

1. Remember your information so that you will not have to re-enter it during your visit or next time you visit the Site;

2. Provide customized third party advertisements, content, and information;

3. Monitor the effectiveness of marketing campaigns;

4. Monitor aggregate Site and Application usage metrics such as total number of visitors/users and traffic;

5. Track your entries, submissions, and status in promotions, sweepstakes, and contests; 

6. Diagnose or fix technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and

7. Access your information after you log in.

When does Tellagami disclose information?

Tellagami does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.

Tellagami may disclose personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies or other businesses or persons to complete payment transactions, provide customer services or otherwise process such information on our behalf. We require that they agree to use such information in compliance with this Privacy Policy and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

 

Tellagami may disclose 'automatically collected' information and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain Services, programs, content, advertisements, promotions, and/or other functionality on the Site or Applications.

Tellagami reserves the right to view and disclose User information if we believe, in good faith, that such viewing and disclosure is appropriate or necessary to: (a) take precautions against liability; (b) protect Tellagami from fraudulent, abusive, or unlawful uses; (c) investigate and defend ourselves against any third party claims or allegations; (d) comply with applicable law; (e) assist government enforcement agencies; (f) protect the security or integrity of the Site and Service; and (g) protect the rights, property or personal safety of our Users or other persons.

How long does Tellagami retain personal information?

Tellagami keeps your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your personal information is no longer required for a specific purpose or legal requirement, it will be erased from our records.

 

Where is my personal information located?

Your personal information may be stored and processed in servers, including those of our authorized third parties, located in the United States. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure. You shall be able to access your registration information stored in such servers in accordance with this Privacy Policy.

 

By participating in the Site, you consent to the transfer and storage of your information as described above.  If you choose to access the Site from outside of the United States of America, you take responsibility for compliance with applicable privacy laws of your country.

 

Your choices:

You may, of course, decline to share your personally identifiable information with Tellagami, in which case, Tellagami may not be able to provide certain Services to you. You may update, correct, or delete your User account information and email preferences at any time by going to the “Edit Profile” section of the Site. Please note that upon deletion of your account or profile, some of your personal information, including billing and contact information, may remain in Tellagami's systems for some limited period of time.

 

You are responsible for maintaining the secrecy of your unique password and account information at all times.

Third Party Ad Servers, Links to other Sites:

Tellagami may allow other companies, called third party ad servers or ad networks, to serve advertisements within the Site and Service, including Applications. These third party ad servers or ad networks use technology to send, directly through your browser or Application, the advertisements that appear within the Site and Service, including in an Application, and they automatically receive your IP address when this happens. Such third party ad servers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

 

Tellagami does not provide any personally identifiable information to these third party ad servers or ad networks without your consent, except as part of a specific program or feature for which you will have the ability to opt-out. However, please note that if an advertiser asks Tellagami to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.

 

The Site and Service include certain social media functions from third parties that may send a cookie, collect your IP address, and record the pages you have visited.  Such functions are often hosted by third parties.

 

You should consult the respective privacy policies of these third parties. This Privacy Policy does not apply to, and we cannot control, the activities of such other advertisers or web sites.

Tellagami's commitment to data security:

Tellagami uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of User information. We cannot, however, ensure or warrant the security of User information you transmit to Tellagami and you do so at your own risk. Once we receive your information, Tellagami makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards

 

If Tellagami learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Tellagami may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

 

Tellagami's commitment to children's privacy:

Protecting the privacy of young children is especially important. For that reason, Tellagami complies with the U.S. Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect or maintain on the Site personally identifiable information from persons under 13 years of age, and no part of the Site or Service or any Application is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site or use any Service or Application at any time or in any manner. If Tellagami learns that personally-identifiable information of persons less than 13 years of age has been collected on the Site, then Tellagami will take the appropriate steps to delete the information. If you are a parent or guardian and discover that your child under the age of 13 has provided personally identifiable information to Tellagami, then you may e-mail Customer Care at feedback@tellagami.com and request that we delete that child's personally identifiable information from our systems.

 

Accessing or updating your account information:

If you have registered and would like to access or update your account information, you must log in to access and update your account information.

 

In the event of merger, sale or liquidation:

If Tellagami is acquired by or merged with another entity or is otherwise sold or undergoes a change of control, as part of such transaction we reserve the right to transfer or assign the information we have collected from Users.  In the event of our liquidation, reorganization or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred or used as we comply with applicable laws.

 

Changes to this Privacy Policy:

Tellagami may amend this Privacy Policy from time to time. Any changes to this Privacy Policy will be posted on this page so that you always will know what information we collect, how it is used, and when and how it will be disclosed.  If at any point Tellagami decides to use Personal Information in a manner materially different from that stated at the time it was collected, we will notify affected Users by way of an email.  Your use of the Site or an Application or other Service following notice of such change will be deemed acceptance of the revised Privacy Policy, which may include application of the new policy to personal information provided prior to the date of such change.

Contact information:

If you have any questions or comments about this Privacy Policy, please e-mail Customer Care at feedback@tellagami.com. You can also write to us at:

Tellagami Labs Inc.
Attn: Customer Care
2443 Fillmore Street, #520
San Francisco, CA 94115

Last modified on: July 24, 2013

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How To Contact Tellagami About Copyright Infringement Claims

Tellagami will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.

 

If you believe your copyright or the copyright of another has been infringed on the Tellagami Internet web site (the “Site”) or the  services available through the Site (the “Service”), please provide Tellagami’s “Copyright Agent” identified below with a written notice (a “Notice”) containing the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the affected copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Service or the Site;

4. Your address, telephone number, and, if available, email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Claims of infringement on the Service or the Site should be addressed to Tellagami’s Copyright Agent at the following street address:

DMCA Complaints
Tellagami Labs Inc.
2443 Fillmore Street, #520
San Francisco, CA 94115

Email: copyright@tellagami.com

This contact information is only for reporting copyright infringement.  Contact information for other matters is provided elsewhere on the Site.